A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Thursday, February 14, 2013

Cablevision Union-Busting Impacts Teachers' Union

A group of Cablevision employees who were fired after asking to speak, during work hours, to a company official about union matters. From left to right: Back: Jerome Thompson, Andre Bellato, Malik Coleman, Steve Ashurt. Front: Andre Riggs, La’kesia Johnson, Clarence Adams, Corey Williams.

At Cablevision, Norma Rae’s Been Escorted Outside

So two weeks ago, a tight-knit band of cable television installers gathered at a company depot in Canarsie, Brooklyn, to pick up route sheets and put ladders and tools in their vans. Then they trooped inside to ask a vice president for a few minutes of his time.

Last winter, these workers overcame fierce management opposition and voted to join the Communications Workers of America, only to spend nine months in rancorous contract talks. They wanted to ask the vice president if Cablevision was serious about a contract agreement, or if it wanted only to break their union.

They waited for 20 minutes to talk, then 20 more. La’kesia Johnson, 44, grew restless and walked to the front office. A manager told her to go back inside. Then the vice president walked in and asked, essentially: Who’s supposed to be working now?

Every worker, 22 in all, raised a hand.

“Ladies and gentlemen,” the vice president said, according to multiple accounts, “I am sorry to tell you that you’ve all been permanently replaced.”

“I said, ‘Whaaat?’ ” Ms. Johnson says. “Replaced? You just fired us? You don’t even know what we want.”

Ms. Johnson says the vice president looked at her and stated: I don’t care what you want.

Unions are in the definition of an existential crisis. Michigan, a cradle of labor, passed a law greatly curtailing union power. New York is Democratic Party blue, but the percentage of private sector employees who are union members has dwindled into the single digits.

Some unions are insular and self-interested, and a few are corrupt. But the battle, arduous and uncertain, of a few hundred broad-shouldered men and women to organize a union in Brooklyn underlines the extent to which union organizing has become a clamber up a Himalayan rock face.

Unions win just 50 percent of elections; then they successfully negotiate an initial contract just half of the time. TheNational Labor Relations Boardis a dog missing teeth. If workers engage in an illegal strike, the board legally must seek a court injunction. If a company illegally fires workers, the board takes months to investigate and cannot levy any fines.

James L. Dolan, the owner of Cablevision Systems Corporation, sings in a rock band, hangs out along the baseline at Knicks games, and slaps hands with his multimillion-dollar unionized athletes. But in the hard-tack precincts of his empire, the guys and women who climb poles and crawl through basements, he takes pride in not stomaching union drives.

His Fortune 500 company started an anti-union Web site and hired an anti-union law firm. Two weeks ago, a company official sent an e-mail explaining where the remaining workers could learn about decertifying their union.

Cablevision workers are not impoverished. But neither are they paid as well as their unionized brethren at Verizon. Cablevision insists that it pays an industry “standard.” But, it notes, no union company is the “‘standard.”

I asked Charles R. Schueler, a company spokesman, about the firings. He said that “22 employees refused to go to work after multiple requests to do so.” The workers, I noted, all said they intended to work that day. He repeated his original statement. He also said that Cablevision negotiated in good faith. Then he said: “That leaves us with the issue of your conflict. You ready?”

Sure, I replied.

You, he said, are a vice chairman of a Communications Workers of America union.

He’s got me, sort of. Like most reporters at TheNew York Times, I’m a member of the Newspaper Guild, which is part of the C.W.A., which has about 140,000 members in the Northeast. I receive no union pay and I have no duties. I’m also a Knicks season-ticket holder and a Cablevision cable customer.

I pay far more to Mr. Dolan’s companies than I pay to my union in dues.

With that, back to the story.

Ms. Johnson feels guilty she persuaded her colleagues to risk being fired. She speaks of waking in the middle of the night and of bills piling up. Her husband is a freelancer; they depend on her health benefits. “It’s stressful — the air in our house is very thick,” she says.

The Council speaker, Christine C. Quinn, notes Cablevision holds an exclusive franchise in parts of the city, and plans to hold hearings on these firings. But the bad news piles up for these workers. Last week, some Cablevision workers filed for a vote to decertify the union.

“Sometimes I break down,” Ms. Johnson said, and asks herself if she had been selfish. “But my husband reminds me: ‘You have a home family and a work family. You must be loyal to both.’ ”

E-mail: powellm@nytimes.com

Twitter: @powellnyt

This article has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this column referred imprecisely to Cablevision’s franchise in New York. While it has an exclusive franchise in parts of the city, it does not have "an exclusive franchise in the city.”

38 Comments

I feel sorry for the Cablevision workers, and hope they get their job back.

But I am disturbed that newspaper journalists belong to the Communication Workers of America, a union which even by labor standards has an abnormally strong left-wing bias. How can we trust anything said on political issues by foot soldiers of the CWA?
Doesn't being a journalist require staying a little further from political activism.

I just had to pick a cable service for my new apartment two weeks ago. I didn't pick you because I knew from earlier news reports that you treat your workers like this. Learning about this newest incident (which I actually first heard about by chance last week, from a guy I was talking to on the 7 train) only confirms I made the right choice.

And to Cablevision employees -- stay strong! You deserve the same pay and benefits as union members. You will beat Dolan if you stick together. Right is on your side.

Slobhan. the rate we are paid is relatively the same within the union. If one does not belong to the union, thus doing a non union job, the budgets are smaller and are reflected in lower rates, but not always. they can be exactly the same.

The irony being that when there was no union our OT started after 10 hours, now with the union it does not start until hour 14. It was a tradeoff to get the medical benefits, P&W and mandatory that all union jobs must have one of my tradesmen on it at all times. It works if you're making the hours for benefits, it stinks if you're not.

I find it far out that when i was growing up my father told me that it is an honor to have a job and if someone is kind enough to give it to you then you accept it, always do your best, and be grateful for havin that job. Fastforward many years and now its "our six sigma analysis says we can do twice the work with less people for wages at 70% of what we pay now.... fire them". We've taken the person out of the workforce and replaced it with corporate logo and worship of the corporation our new god. When did we go so horriby awry? People switch jobs every 3-4 years and start over thus stagnant wages. Corporations are getting richer as we type, look at the stock market. Seems to me to be equivalent to modern day slavery.

The brave union members who received such despicable treatment deserve our support. Few among us would risk our families' well being for the sake of others as well as themselves. Most of us just keep our heads down, take what we get, and try to make do. Where is Robert Wagner's NLRB now?

Let me ask ya'll a question. WHAT WOULD YOU DO IF YOUR EMPLOYEES WERE INSUBORDINATE??? I work at this office here in Brooklyn. I'm one of the other 100 employees trying to petition to get CWA OUT OF HERE. We are not treated unfairly, we have wonderful benefits. No one here is afraid of anyone. These 17 decided to be insubordinate. They refused to work. Ask them about the other 20 that was with them but when manager said " go to work" they left and went to work. These people above decided not to work during work hours, wearing company uniforms on company property. BY THE WAY, WE HAVE NO CONTRACT WITH CWA. THIS IS NOT A UNION SHOP. STOP LYING CWA!!

Why do u want CWA out of Cablevision?
If it was the issue was that these workers were petitioning for a response to a labor dispute on company time, why didn't the management tell the workers to come back after their shifts were over? The article does not say they refused to work. It makes it seem like they were kept waiting for a response from management--who asked them to wait in fact--and then fired for sitting there.

T oliver, It is dissappointing that you are taking the side of Dolan and seem to be endorsing his scare tactics. How can it be insubordinate to use the company's Open Door Policy? How can you not support 22 of your coworkers who tried to use managemnet's open door policy and got illegally fired as a result? I suggest you get the real story, go towww.thecablevision99.org

We are still a Union contractor, but let me tell you, our Union does absolutely nothing. The workers are fat, dumb, and complacent. We are still Union out of habit, but 80% of my volume is non-Union.

The non-Union workers work harder than my Union employees. Don't get me wrong, I like my union workers, but they are trapped in the past. They never go to Union school (at my expense to stay current in their trade). They have done it to themselves.

They day is coming when I do not sign again with the Union for three years (July 1st 2013).

There are no friends in business anymore - the days of taking care of your neighbor because they take care of you went the way of the modernization of the country, We export work out to other countries and accept lessor quality because, we as people in this country refuse to pay the higher costs required to cover the price of what ever comodity or service we would have to - that would reflect the higher wages and bennifits that would be necessary if the work or service were done here.

Its easy to look at the bottom line - and say company "x" took in "Z" dollars so they can afford it.... unitl your the investor who ends up with a lower return then you could have goten in some other business, so it makes no sense to make less profit in business #1 when you could make more in business #2 with less efforts.

Youre on to something. We as comsumers are partially to blame too. Just remember that your next trip to walmart. Buy local, buy american, and we'll get back to wages i nthis country that matter and a better situation for all americans. Until then, keep arming the chinese military.

There has been a concerted effort the last couple of decades to convince the general population that there is no longer a need for unions. Since the recession, the general population is so afraid of job loss, that they also buy into "unions are keeping business from coming to your area or may make businesses leave your area." The fact is anything negative one can say about unions is 50 times more true of lobbyists. Big business spends a fortune on lobbyists to promote their agenda. The ONLY thing the general population has to promote their agenda is NUMBERS -- and purpose of unions it to organize people paying affordable dues in numbers that allow them to have a voice while lobbyists fight for big business. Unfortunately, epopole have bough tinto the "ultra liberal" label big business has given them. My city has DANGEROUS levels of pollution to the point that children can't go outside for recess. Yet parental protests at the legislature ALWAYS loose against lobbyist dollars. I would be willing to give up unions if lobbyists were outlawed. But as long as there are lobbyists pumping millions of dollars purchasing congressmen and senator support for their big businesses, unions are more necessary than ever. Since only money talks in Washington, if unions go away, any voice the masses have will continue to recede into the background against the shout of big business dollars.

The film Norma Rae is one of the best movies ever made, and I am inspired each time I watch it. I am a PhD communications professor, and certified union organizer.
The treatment of these Cablevision employees is outrageous. It should not be allowed, for it defeats collective bargaining.

I concur re film Norma Rae. Sally Fields was amazing. However, most of my friends went away with the impression that things had been markedly improved for textile workers. However, that was not the reality in the end. As a textile designer/stylist working for weeke on end in southern mills (non union all) mid '60s-80s I had first hand experience with the labor abuses there. In NYC. when the designers tried to unionize our bathrooms were bugged and those heard talking of unionizing were summarily fired! Home furnishings manufacturers to this day require freelance designers to sign away any and all rights to their original work! None of us get the benefit of residuals. Outrageous? Absolutely!

I am not a raving fan of Unions, nor do I condone the callous disregard for people demonstrated by the Cablevision executive. It is his type of "dismissal" of people's livelihood that creates workplace violence and distrust of all management by workers - union and non-union.

Before unions begin to be "offended" by management's stance, they should look within at some of the work rules; expensive, yet unneeded benefits; and the pervasive attitude that Union Leadership represents the membership. "Enlightened" Union Leadership would, I imagine, be willing to rework contracts to put more money in workers' pockets, reduce no-show jobs, insanely expensive "time off" provisions, etc. It is not the wages that corporate management is fearful of, it is the "work rule" that it takes four "experts" to fix a leaky sink - an electrician to turn on the light in the room, a "maintenance man II" to agree that it is, indeed leaking, a plumber to fix the leak and then a "master plumber or master maintenance man" to certify that the work was done. No wonder no one welcomes unionization - productivity plummets, number of workers multiply and workmanship suffers. (There are many unions where the above does not happen and who run efficient, professional operations). The problem is that union leadership, in order to be viewed as "strong" feels it cannot "give in" on anything or they will be viewed as weak by the membership and not be re-elected. Time to represent reality, not perpetuate stupidity.

You know thats funny you say that. When i hear about employee x shooting up people like this i do think wow that a hole got what he deserved while thinking that a law has been broken and killing is not the answer. I guess at the end of the day, it all comes down to corporate run business not being in line with natural orders of things. Its artificial and using six sigma to impact people's lifes is pretty cold and callous but yet we accept it and even laud it in the majority of business circles. Kinda wish we could have something in between and get the shareholders out of business.

I belong to a union that does nothing for me. I don't qualify for medical benefits because I don't work enough yet I'm forced to pay the same dues as those who get benefits. I don't really have the option of not being a member, because I can then no longer get union jobs, yet I'm 'supposed' to turn down non union work. The whole thing stinks, and I wish my job hadn't been unionized. I would say my situation is applicable to at least 35% of the membership and probably more.
Maybe being a union member is good for some, I hope, but not for all.

Both Cablevision and their employees were within their legal rights in a right-to-work state. This argument isn't about who is right, but about civility.

The bullying tactics of the employees was unnecessary. The group should not have pressured a response by showing up in mass - a method of intimidation - to provoke a response. Negotiations were on going, and as the article states, the first contract is extremely challenging to work out. The workers should have contributed to the negotiation efforts, not attempt to strong arm a response.

That said, the lack of compassion and social skills of the Cablevision vice president is stunning. I expect more tact from a senior level executive in a "Fortune 500" company. Firing was unnecessary unless he wanted to send a message of intimidation. It shows a profound lack of respect for workers and their families. A simple acknowledgement of the workers' stress caused by the uncertainty of the contract negotiation, and a non-committal statement endorsing contract negotiations would not have hurt the company in any way.

Treat others as you would want to be treated - its a simple rule of civil society, played out here at its most fundamental.

Followed his six sigma/corporate management principles playbook to a tee it would seem. Zero defect minimize inneficiency. People are a resource like a copy machine. Once they dysfunction, fix them or jettison them. GOOOOOOOO CORPORATE!!!!!!!! They shouldn't have tried to strong arm a strong armer though!

Unionized athletes, are a disgrace to every hard working man or woman in the United States. One " union" baseball player in NYC, in all likelihood, makes more in just one year than the entire membership of some blue collar NYC locals. That being said, our long time allies seem to be turning their backs on us. Democrat's just don't seem to be interested in organized labor anymore. A case in point, the continual delaying of ratifying an agreement on the pipeline from Canada to the U. S., which will more than likely go to the West Coast of Canada, and be tankerd to China. Yet, the Obama-Biden team were glad to be seen glad handing union leaders nation wide, and accepting those checks from Union PAC's. I am sure, if it was not for those campaign contributions, the Democrats would have severed ties with us long ago.
In an ideal world, all good union people would boycott whatever it is this Dolan guy owns. But, that doesn't happen anymore. We, union member's are a big part of our own demise. In 1976, you would not see a foreign car on any union construction site in the country. We used quality pipe and fittings, made in the U. S. not this shoddy garbage from China or India. But, we can't offend our "trading partners" we export rice and sugar, and import low quality construction material.
As organized labor, we are in this alone, and, it seems, we can no longer count on each other!

This story comes as no surprise to unionized needleworkers, printers, traffic controllers. When free enterprise and union power meet at a crossroads, the
winner is a foregone conclusion. Those who pay exorbitant union dues have to
ask themselves if their sacrifice purchases job security.

Yes, indeed, and The New York Times management speaks with forked tongue, also...

Mr. Dolan and Cablevision have company... in The New York Times...

Message One on the Editorial Page....

Message Two in its approach to the employees pension set up and all that...

Mr. Sulzberger meet Mr. Dolan.

America is experiencing deflation... a nasty, nasty time when all boats float lower and lower in the international scheme of things... not to mention our currency...

A time of competitive devaluations... the product of deflationary bias at The Federal Reserve - doing the bidding of a president left few choices by the debt crisis and a GOP president that needed a Seeing Eye Dog to find the men's room.

The FED speak talks of controlling inflation - when what inflation we have is a product of the printing press, or monetization, as the treasury sells bonds for which the buyer, ultimately, is the FED. This circle of sorts spells trouble for the currency and for the bond market - for bonds only produce currency, while stocks reflect earnings and can produce a dividend... when earned.

And, Oh, Yes, I am a member of a union, too... Actor's Equity claims my name, but no thoughtful producer has called.... yet.

If nothing else, Cablevision, through its actions, demonstrated quite clearly why its employees were right to try to organize in the first place. That corporations can so blatantly engage in efforts to deny their workers the right – and it is a right – to collective bargaining is an embarrassment and shows only how far the country has fallen in its race to embrace the failed economics of the so-called "conservative" movement (which is, of course, merely good old-fashioned Victorian trade liberalism in disguise).

I agree that this is alarming and disturbing. However, this seems to be only one side of the story. The story about the workers going into the VP's office peacefully and their claim that they were going to work that day is only from their side. Its just their word against Cablevision's. Could their claims be corroborated. And if they can, have they?
I also do not necessarily agree that the comparison to Dolan's Knicks players unionizing is parallel. When Dolan purchased the team they were already unionized. Furthermore, they are part of a league-wide union that negotiates with all of the owners, not just Dolan and the Knicks. Unless I am mistaken, the Communication Workers of America want to negotiate directly with Cablevision. Also, unlike in the CWA case, the Knicks' players, each negotiate their own contract with management, not collectively as a union.

As a former Verizon Union employee and later management employee who was laid off to guarantee stock dividends, I think you need to further research Unions place in Labor negotiations. In the comparison to Unionized athletes, Cablevision would be the league, not the team. Cablevision has a long and storied history of strong arm tactics in fighting Unionization of employees, including personal knowledge of 24/7 surveillance of a Cablevision employee who attempted to organize.

Actually, the story doesn't mention that the workers went to the VP's office peacefully. Nor does it mention that they went non-peacefully. It makes no mention of their collective demeanor at all. They made no claim to be having been "peaceful" not does anyone make a claim to the contrary, so there is no "claim" to be corroborated.

For the purpose of the analogy that may be true, that Cablevision is more like the league. However, the point I am making is that saying that James Dolan is being unfair because he lets his players unionize and doesn't let Cablevision workers unionize does not hold here.

This boils down to money and power. Mr. Dolan is saving money, likely by providing inferior benefits (does NYC benefit from a race to the bottom?). He also doesn't like to share any of his immense power. This demonstrates in a nutshell the difference between American business leaders and those in virtually every other industrialized nation. Mr. Dolan's arrogance, and anti-union vitriol, is intricately linked to the failed policies of the Republican party. These brave technicians temporarily may be out of a job, but the loser now will be later to win...

TV Appearances by Betsy Combier

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

Testimonial from an Exonerated Teacher

Dear Betsy,I am forever indebted to you, Betsy, for your expert counsel throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn't even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.Sincerely,Maria Gargano

Betsy Combier is the Best!

Google + Rubber Room Community

FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

Twins Jill Danger (left) and Betsy Combier(right)

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

AddThis

Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

Google+ Badge

Google+ Followers

Follow by Email

Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

Email Subscriptions powered by FeedBlitz

Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

November 26, 2007 Candelight Vigil

The School Law Blog

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.